STF decided: defaulters can stay out of public tenders

In agreement with the majority of votes, the plenary of the Federal Supreme Court (stf) enacted a new law that allows for the loss of rights for defaulters. From now on, people with a dirty name may be prevented from taking office in public tenders and may lose their National Driver's License (driver's license).

The session took place on February 9 and 10 ministers voted in favor of applying the new law, with only 1 vote against approval. The ministers enacted the new law that allows the revocation of these rights, applicable to alimony debts. Documents may only be seized when reasonableness is respected.

In addition to the prohibition of possession in contests and the seizure of the CNH, debtors may have their passports seized so that the debt is paid. Certainly, for the new law to be applied, it will be necessary for the financial institution to take the debt to be paid in court.

Defaulters and the loss in a public tender, CNH and passport

The sanctions are already part of the Code of Civil Procedure and the main purpose is to make the person with the dirty name pay off the debts. Even if it is in the law, the rule can only be applied if it does not violate the fundamental rights of the person, ensuring that it cannot interfere with access to safety and health.

The law ensures that any debt can fall under these seizures of documents. If the financial institution got in touch to negotiate and the defaulter does not respond to attempts, the case may proceed in court so that the debt is settled.

According to data provided by the National Confederation of Trade in Goods, Services and Tourism (CNC), 29.9% of Brazilian families have a dirty name in January this year.

In the case of CNH seizure, for example, the document cannot be seized if the defaulter uses it to work.

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